Decree No. 116/2017/ND-CP dated October 17, 2017 on requirements for manufacturing, assembly and import of automobiles and trade in automobile warranty and maintenance services

DECREE

ON REQUIREMENTS FOR MANUFACTURING, ASSEMBLY AND IMPORT OF MOTOR VEHICLES AND TRADE IN MOTOR VEHICLE WARRANTY AND MAINTENANCE SERVICES

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Investment dated November 26, 2014;

Pursuant to the Law on Amendments to Article 6 and Appendix No. 4 on the list of conditional business lines in the Law on Investment dated November 22, 2016;

At the request of the Minister of Industry and Trade and the Minister of Transport;

The Government promulgates a Decree on requirements for manufacturing, assembly and import of motor vehicles and trade in motor vehicle warranty and maintenance services.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree deals with requirements for manufacturing, assembly and import of motor vehicles and trade in motor vehicle warranty and maintenance services providedfor motor vehiclemanufacturers, assemblers and importers.

Article 2. Regulated entities

1. This Decree applies to motor vehiclemanufacturers, assemblers and importers andtradersofmotor vehicle warranty and maintenance services in Vietnam and relevant authorities and entities.

2. Business conditions stated in this Decree do not apply to manufacturers, assemblers and importers of the following motor vehicles:

a) Motor vehicles manufactured or assembled:

- For the purposes of national security;

- From chassis having cabs or from completed motor vehicles that have been certified technical safety quality and environmental safety;

- Not using public roads and operating in a small scale only.

b) Motor vehicles imported:

- For the purposes of national security under a plan approved by the Prime Minister;

- In the form of temporary import of entities receiving incentives or exemptions prescribed by the Government or the Prime Minister;

- As gifts or movables;byforeign assistance; or for scientific research purposes;

- For particularpurposes under the Prime Minister’s decisions;

- In the form of temporary import or temporary export; intransit or to bonded warehouse;

- Not using public roads and operating in a small scale only;

- Single-purposemotor vehicles, passenger-carrying motor vehicles and goods-transporting motor vehicles defined in TCVN 6211: Road vehicles- Types - Terms and definitions; andTCVN 7271:Road vehicles -Motor vehicles- Classifications by usage purposes.

3. This Decree does not apply tomotor vehiclewarranty and maintenance centers not providing motor vehicle warranty and maintenance services for motor vehiclemanufacturers, assemblers and importers.

Article 3. Definitions

For the purposes of this Decree, the terms below shall be construed as follows:

1. "motor vehicles" areidentified within a number of road motor vehicle classes including cars, buses, trucks andsingle-purpose motor vehicles defined in TCVN 6211: Road vehicles - Types - Terms and definitions, TCVN 7271: Road vehicles - Motor vehicles - Classifications by usage purposes and chassis.

2. “chassis” means semi-finished motor vehicles with or without caps, without containers,passengers’ seats orspecial-purpose gears.

3. “motor vehiclemanufacturing and assembly”means:

a) The process ofcreatingfinished motor vehicles andchassis with or without cabs (engine is equipped with the under body frame) from parts, assemblies, components,subassemblies and systems;

b) The process ofcreatingfinished motor vehicles ormaking chassiswith caps from chassis without caps.

4. “defective motor vehicle recall” means a request for returning defective motor vehicles in the process of design, manufacturing or assemblythat have been sold in the market made by anmotor vehicle manufacturer, assembler or importer in case of safety issues.

5. “scrapmotor vehiclerecall” means an act of receiving and collecting scrapmotor vehicles to manage and disposed of in accordance with regulations of law on environmental protection.

6. "warranty" is liability of the motor vehicle manufacturer, assembler or importer for the quality of the motor vehicles that have been sold in certain circumstances.

7. "maintenance" is the work to be carried out under the guidance of the motor vehiclemanufacturer or assembler in order to maintain normal operation of motor vehicles.

8. "motor vehiclewarranty or maintenance center" is aqualified organization providing warranty or carrying out maintenance of motor vehicles specified herein.

9. "imported second-hand motor vehicle” is an motor vehicle registered to be sold in an importing country before entering a checkpoint in Vietnam.

10. “imported motor vehicle batch" meansmotor vehicles included in a manifest declaring imported goods made by the motor vehicle importer.

11. “certificate of eligible imported motor vehicleclass"is a certificate issued as a result of inspection, testing and recognition carried out by a foreign authority or organization responsible for technical and environmental safety of each class of motor vehicleimported into Vietnam.

12. “copy” is defined as:

a) an authenticated copy (if the application is sent by post or in person);

b) a copy enclosed with the original copy (if the application is sent in person);

c) a scan of the original (if the application is sent via the Internet);

Article 4. Responsibilities formotor vehiclewarranty and maintenance

1. Motor vehicle manufacturers, assemblers and importersshall provide motor vehiclewarranty in accordance with regulations of law on protection of consumers’ benefits.

2. For brand-new motor vehicles, the warranty period shall be at least 3 years or 100,000 km for cars, at least 2 years or 50,000 km for buses and at least 1 year or 30,000 km for the remaining classes of motor vehiclesdepending on preceding requirements.

3. For imported second-hand motor vehicles, the warranty period shall be at least 2 years or 50,000 km for cars and at least 1 year or 20,000 km for the remaining classes of motor vehicles depending on preceding requirements.

4. Motor vehicle manufacturers, assemblers and importers shall publish information about warranty periods, contents and requirements; warranty cycles and tasks; addresses of eligible warranty/maintenance centers mentioned herein and other necessary information serving the warranty or maintenance.

Article 5. Responsibilities fordefective andscrapmotor vehicle recall

1. Motor vehicle manufacturers, assemblers and importers shall recall defective motor vehicles according to regulations of law.

2. All costs related to defective motor vehiclerecall shall be covered bymotor vehicle manufacturers, assemblers and importers.

3. Motor vehicle manufacturers, assemblers and importers shall recall scrapmotor vehicles according to regulations of law on environmental safety.

Article 6. Responsibilities forensuring technical and environmental safety of domestically manufactured or assembled motor vehicles and imported motor vehicles

1. Domestically manufactured or assembled motor vehicles:

a) In the cases where a class of motor vehiclehas a change of comfort and aesthetics but does not change the technical and environmental safety parameters used as the basis for granting the class certificate, the motor vehiclemanufacturer/assemblershall be entitled to use certification results that a competent authority has grantedthe certificate of technical and environmental safety quality for the previous motor vehicle class;

b) Automotive parts, assemblies, components and subassemblies applying national technical regulations shall be tested and certified under corresponding national technical regulations in Vietnam;

c) Imported automotive parts, assemblies, components and subassembliesthat have been recognized the compliance with the quality from countries or territories that Vietnam hasconcluded a mutual agreement on certification of motor vehicles shall comply with such agreement;

d) If types of automotive parts, assemblies, components and subassemblies that a Vietnamese quality management authority has granted a certificate to a legal representative in Vietnam of a foreign manufacturer, themotor vehiclemanufacturer/assembler shall be entitled to use such types without re-testing or re-certification;

dd) Inspection and certification results of motor vehicle quality, automotive parts, assemblies, components and subassemblies shall be valid for 36 months.

2. Imported motor vehicles:

a) Imported brand-new motor vehicles

- When conducting inspectionsor testing, themotor vehicle importer shall provide the quality managementauthority with the following documents: A copy of the certificate of eligible imported motor vehicle classissued by a foreign competent authority; a factory quality control slipprepared by a foreign motor vehicle manufacturer/assembler for each motor vehicle; valid documents on assessment results of quality assurance conditions of the foreign motor vehicle manufacturer/assembler for the factory producing imported motor vehicle classes issued by a foreign competent authority;

- Imported brand-new motor vehicles shall be inspected by the quality management authority for each shipment.The model of each motor vehicle class in each shipment shall have emission and technical safety qualityinspected or tested.If inspected or tested motor vehicle models fail to satisfy regulations on emission and technical safety quality, the importer shall re-export all motor vehicles of the same class in such shipment;

- Imported motor vehicles that have been recognized the compliance with the quality from countries or territories that Vietnam has concluded the mutual agreement on certification of motor vehiclesshall comply with such agreement.

b) Imported second-hand motor vehicles

- Imported second-hand motor vehiclesshall be motor vehicles registered to be sold in countries having theemission standardequivalent or higher than that in Vietnam;

- Imported second-handmotor vehicles shall have technical and environmental safety quality inspected for each motor vehicle;

- When following inspection procedures, the importer of second-hand motor vehiclesshall provide the quality management authority with a valid certificate ofregistered motor vehiclefor saleissued by the foreign competent authority or equivalent documentsbefore exporting.

3. The Ministry of Transport shall specify and provide guidelines for carrying out inspections of technical and environmental safety quality for domestically manufactured/assembled motor vehicles and imported motor vehicles.

Chapter II

REQUIREMENTS FOR MOTOR VEHICLE MANUFACTURING AND ASSEMBLY

Article 7. Requirements for motor vehicle manufacturing and assembly

The motor vehiclemanufacturer/assemblerestablished according to regulations of law shall be issued with the certificate of motor vehiclemanufacturing/assembly when the following requirements are fully satisfied:

1. Facilities:

a) The manufacturer/assemblerhas the legal rights to use the factory, assembly line, welding line, painting line,quality control line and testing roadmeeting the minimum requirements stated in Appendix I attached hereto;

b) The motor vehiclewarranty/maintenance center owned/leased by the manufacturer/assembler or belonging to the dealer network authorized by suchmanufacturer/assemblermeetsthe requirements mentioned herein.

2. Each technicianresponsible for motor vehicleproduction line and assembly line hasat least a bachelor’s degree in mechanical engineering or motor vehicles and at least 5-year experience of motor vehiclemanufacturing or assembly.

3. There are sufficient personnel and plans to ensure occupational safety and hygiene in accordance with regulations of law on occupational safety and hygiene.

4. The manufacturer/assembler fulfills all fire safety requirements and plans under regulations of law on fire safety.

5. The motor vehiclefactory has sufficient documents on environmental safety approved by a competent authority according to regulations of law on environmental safety.

Article 8. Issuance of certificates of eligibility for motor vehicle manufacturing/assembly

1. The Ministry of Industry and Trade shall have the power to issue certificates of eligibility for motor vehicle manufacturing/assembly.

2. An application for issuance of the certificate of eligibility for motor vehicle manufacturing/assembly includes:

a) A completed application form provided in the specimen No. 1 of Appendix II attached hereto;

b) A copy of the enterprise registration certificate or equivalent documents;

c) A copy of the list of equipment used for theproduction line or assembly line mentioned in Point a Clause 1 Article 7 herein;

d) A copy of the notes and layout of the motor vehiclefactory;

dd) A copy of the notes and layout of the motor vehicle testing road;

e) A copy of any relevant degree of the technician responsible for motor vehicle production line or assembly line;

g) A copy of the document proving that the manufacturer/assembler’s motor vehicle warranty/maintenance center meetsthe requirements stated herein;

h) A copy of the document proving the fulfillment of occupational safety and hygiene, fire and environmental safety in accordance with regulations of law.

3. Procedures for issuance of the certificate of eligibility for motor vehicle manufacturing/assembly:

a) The motor vehicle manufacturer/assembler (applicant) shall submit 1 set of application mentioned in Clause 2 this Article, in person, by post or in any othersatisfactory manner, to the Ministry of Industry and Trade;

b) If the application is invalid, the Ministry of Industry and Trade shall make a request for additional documents to the applicant within 5 working days from the day on which the application is received;

c) If the application is valid, the Ministry of Industry and Trade shall notify the applicant of specific time for an inspection visit to the applicant’s factory within 5 working days from the day on which the application is received.Time limit for the inspection visitis 15 working days from the date of notification.

If the inspection results are not satisfactory, the Ministry of Industry and Trade shall inform the applicant of the fulfillment of requirements within 5 working days from the day on which the inspection visit is done;

d) The certificate of eligibility for motor vehiclemanufacturing/assembly (provided in the specimen No. 4 of Appendix II attached hereto) shall be issued within 5 working days from the day on which theinspection results of the applicationare given and the inspection visit is satisfactory.If the application is rejected, the Ministry of Industry and Trade shall provide the applicant with a written explanation;

dd) The applicant shall receive thecertificate of eligibility for motor vehicle manufacturing/assembly, in person, by post (if required) or in any other satisfactory manner, from the Ministry of Industry and Trade.

Article 9. Issuance of revised certificates of eligibility for motor vehicle manufacturing/assembly

1. The certificate of eligibility for motor vehiclemanufacturing/assembly shall be issued in case of any revision to the contents in such certificate.

2. An application for issuance of the revised certificate of eligibility for motor vehicle manufacturing/assembly includes:

a) A completed application form provided in the specimen No. 2 of Appendix II attached hereto;

b) A copy of the certificate;

c) Relevant documents proving the revised contents.

3. Procedures for issuance of the revised certificate of eligibility for motor vehicle manufacturing/assembly:

a) The applicant shall submit 1 set of application mentioned in Clause 2 this Article, in person, by post or in any other satisfactory manner, to the Ministry of Industry and Trade;

b) If the application is invalid, the Ministry of Industry and Trade shall make a request for additional documents to the applicant within 5 working days from the day on which the application is received;

c) If the inspection visit to the applicant’s factory is required, the Ministry of Industry and Trade shall notify the applicant of specific time and organize the inspection visit within 5 working days from the day on which the application is received.Time limit for the inspection visit is 10 working days from the date of notification;

d) Within 5 working days from the day on which the inspection results of the application are given and the inspection visit (if any) is satisfactory, the Ministry of Industry and Trade shall consider issuingthe revised certificate to the applicant.If the application is rejected, the Ministry of Industry and Trade shall provide the applicant with a written explanation.

4. Within 2 working days from the day on which the new certificate is issued, the applicant shall return the old one to the Ministry of Industry and Trade.

Article 10. Reissue of certificates of eligibility for motor vehicle manufacturing/assembly

1. In the cases where the certificate of eligibility for motor vehiclemanufacturing/assemblyis lost or damaged, the applicant shall submit an application including a completed application form provided in the specimen No. 3 of Appendix II attached hereto.

2. Procedures for reissue of the certificate of eligibility for motor vehiclemanufacturing/assembly:

a) The applicant shall submit 1 set of application mentioned in Clause 1 this Article, in person, by post or in any other satisfactory manner, to the Ministry of Industry and Trade;

b) If the application is invalid, the Ministry of Industry and Trade shall make a request for additional documents to the applicant within 5 working days from the day on which the application is received;

c) Within 5 working days from the day on which the validapplication is received, the Ministry of Industry and Trade shall consider reissuing the certificate to the applicant.If the application is rejected, the Ministry of Industry and Trade shall provide the applicant with a written explanation.

Article 11. Periodic and ad hoc inspections and supervision of motor vehiclemanufacturers/assemblers

1. Periodic and inspections and supervision

The Ministry of Industry and Trade shall take charge and cooperate with relevant authorities in setting up inspectorates to inspectmotor vehiclemanufacturers/assemblers having certificates every 24 months throughout the country.

2. Ad hoc inspections

The Ministry of Industry and Trade shall cooperate with relevant authorities in setting up inspectorates to conduct ad hoc inspections ofmotor vehicle manufacturers/assemblers in the following cases:

a) There is information proving that motor vehicle manufacturers/assemblers violate against regulations on thetrading requirements stated herein;

b) Written requestsmade by law enforcement forces are given.

3. Inspection contents: Assessment of maintaining the operation and trading requirements of motor vehicle manufacturers/assemblers in accordance with registered and certifiedcontents including carrying out inspections of legal documents, facilities, technological lines and the compliance with the provisions stated herein.

4. Inspection contents shall be made into a record provided in the specimen No. 9 of Appendix II attached hereto.If any violation is found, the inspectorate shall report to relevant competent authorities.

Article 12. Suspension and revocation of certificates of eligibility for motor vehicle manufacturing/assembly

1. The certificate of eligibility for motor vehicle manufacturing/assemblyshall be suspended in any of the following cases:

a) Failure to fulfillthe trading requirements specified herein;

b) Failure to comply with regulations of law on defective or scrapmotor vehicle recall andmotor vehiclewarranty;

c) Failure to make reports according tothe provision of Clause 5 Article 13 herein.

The suspension of the certificate of eligibility for motor vehicle manufacturing/assembly shall be removed if the motor vehiclemanufacturer/assembler takesactions against allviolations within 6 months from the day on which the certificate is suspended.

2. The certificate of eligibility for motor vehicle manufacturing/assembly shall be revoked in any of the following cases:

a) Dissolution or bankruptcy;

b) Revocation of enterprise registration certificate or equivalent documents by a competent authority;

c) Wrong information or fake application for issuance of the certificate;

d) Leasing out, borrowing or falsification of the certificate;

dd) Failure to manufacture or assemble motor vehicles within 12 consecutive months from the issue date of the certificate;

e) Failure to comply with regulations of law on defective or scrap motor vehicle recall andmotor vehiclewarranty;

g) Failure to take actions against all the violations mentioned in Clause 1 this Article within 6 months from the day on which the certificate is suspended.

3. Thecertificate of eligibility for motor vehicle manufacturing/assemblyshall be suspended or revoked according to the Minister of Industry and Trade’s decision specifying reasons for suspension or revocation.

4. Within 5 working days from the day on which the decision on revocation is given, the motor vehiclemanufacturer/assembler shall return the certificate to the Ministry of Industry and Trade.

5. The Ministry of Industry and Trade shall informthe certificate registration authority and publish information about suspension or revocation of thecertificate.

6. After the certificate is revoked, the motor vehiclemanufacturer/assemblershall be entitled to have a new certificate issued provided that he/she follows the procedures specified in Article 8 herein.

Article 13. Responsibilities of motor vehicle manufacturers and assemblers

1. Comply withtrading requirements and ensure the fulfillment of responsibility for motor vehiclewarranty and maintenance, defective and scrap motor vehicle recall stated herein.

2. Facilitate periodic and ad hoc inspections and supervision carried out by competent authorities.

3. Develop the quality management system under ISO 9001:2015 or equivalents and apply it to the production process within 12 months from the day on which certificates of eligibility for motor vehiclemanufacturing/assembly are issued.

4. Provide the following documents forbuyers:

a) Motor vehicle manuals in Vietnamese;

b) Warranty booksspecifying information about warranty periods and conditions;maintenance cycles and tasks;addresses ofmotor vehicle warranty/maintenance centers and other necessary information serving warranty/maintenance.

5. Make reports on the motor vehiclemanufacturing/assembly according to the specimen No. 10 of Appendix II attached hereto before January 30 every year to the Ministry of Industry and Trade or make such reports on an ad hoc basis at the request of the Ministry of Industry and Trade.

Chapter III

REQUIREMENTS FOR MOTOR VEHICLE IMPORT

Article 14. General provisions ofmotor vehicle import

1. Licenses for motor vehicle import shall only be considered granting to motor vehicleimporters.

2. Importers shall be entitled to import motor vehicles after fulfilling all requirements and being issued with licenses for motor vehicleimport mentioned herein.

3. Motor vehicle importers shall comply with regulations onmanagement of importedmotor vehicles stated in this Decree and relevant legal documents.

Article 15. Requirements for motor vehicle import

The motor vehicleimporter established under regulations of law shall be issue with the license for motor vehicleimport when the following requirements are fully met:

1. The motor vehicle warranty/maintenance center owned/leased by the motor vehicleimporter or belonging to the dealer network authorized by such importermeets the requirements mentioned herein.

2. There is a physical confirmation or document proving that themotor vehicle importer is eligible to represent a foreign motor vehiclemanufacturer/assembler to recall defective motor vehicles imported into Vietnam.

Article 16. Issuance of licenses formotor vehicle import

1. The Ministry of Industry and Trade shall have the power to issue licenses for motor vehicle import.

2. An application for issuance of the license for motor vehicle importconsists of:

a) A completed application form provided in the specimen No. 5 of Appendix II attached hereto;

b) A copy of the enterprise registration certificate or equivalent documents;

c) A copy of the documents proving that the importer meets the motor vehicleimport requirements stated in Article 15 herein including:

- A copy of the document proving that the importer’s motor vehiclewarranty/maintenance center meets the requirements stated herein.

- A copy of the physical confirmation or document proving that the motor vehicle importer is eligible to represent a foreign motor vehicle manufacturer/assembler to recall defective motor vehicles imported into Vietnam according to Clause 2 Article 15 hereinthat has been authenticated by a diplomatic mission of Vietnam in a foreign country.

3. Procedures for issuance of the license for motor vehicle import:

a) Themotor vehicle importer(applicant) shall submit 1 set of application mentioned in Clause 2 this Article, in person, by post or in any other satisfactory manner, to the Ministry of Industry and Trade;

b) If the application is invalid, the Ministry of Industry and Trade shall make a request for additional documents to the applicant within 7 working days from the day on which the application is received;

c) Within 10 working days from the day on which the valid application is received, the Ministry of Industry and Trade shall consider issuing the license provided in the specimen No. 8 of Appendix II attached hereto to the applicant.

The Ministry of Industry and Trade maynotify the specific time for organizing an inspection visit of the requirements stated in Article 15 herein if necessary.Time limit for the inspection visit is 15 working days from the date of notification.Within 5 working days from the day on which the inspection results are given, the Ministry of Industry and Trade shall consider issuing the license to the applicant.

If the application is rejected, the Ministry of Industry and Trade shall provide the applicant with a written explanation.

d) The applicant shall receive the license, in person, by post (if required) or in any other satisfactory manner, from the Ministry of Industry and Trade.

Article 17. Issuance of revised licenses for motor vehicle import

1. The license for motor vehicle import shall be issued in case of any revision to the contents in such license.

2. An application for issuance of the revised license for motor vehicle import includes:

a) A completed application form provided in the specimen No. 6 of Appendix II attached hereto;

b) A copy of the license;

c) Relevant documents proving the revised contents.

3. Procedures for issuance of the revised license for motor vehicle import:

a) The applicant shall submit 1 set of application mentioned in Clause 2 this Article, in person, by post or in any other satisfactory manner, to the Ministry of Industry and Trade;

b) If the application is invalid, the Ministry of Industry and Trade shall make a request for additional documents to the applicant within 7 working days from the day on which the application is received;

c) Within 10 working days from the day on which the valid application is received, the Ministry of Industry and Trade shall consider issuing the revised license to the applicant.

The Ministry of Industry and Trade may notify the specific time for organizing an inspection visit of the requirements stated in Article 15 herein if necessary.Time limit for the inspection visit is 15 working days from the date of notification.Within 5 working days from the day on which the inspection results are given, the Ministry of Industry and Trade shall consider issuing the revised license to the applicant.

If the application is rejected, the Ministry of Industry and Trade shall provide the applicant with a written explanation.

4. Within 2 working days from the day on which the new license is issued, the applicant shall return the old one to the Ministry of Industry and Trade.

Article 18. Reissue of licenses for motor vehicle import

1. In the cases where the license for motor vehicle import is lost or damaged, the applicant shall submit an application including a completed application form provided in the specimen No. 7 of Appendix II attached hereto.

2. Procedures for reissue of the license for motor vehicle import:

a) The applicant shall submit 1 set of application mentioned in Clause 1 this Article, in person, by post or in any other satisfactory manner, to the Ministry of Industry and Trade;

b) If the application is invalid, the Ministry of Industry and Trade shall make a request for additional documents to the applicant within 7 working days from the day on which the application is received;

c) Within 7 working days from the day on which the valid application is received, the Ministry of Industry and Trade shall consider reissuing the license to the applicant.If the application is rejected, the Ministry of Industry and Trade shall provide the applicant with a written explanation.

Article 19. Suspension and revocationof licenses for motor vehicle import

1. The license for motor vehicleimportshall be suspended in any of the following cases:

a) Failure to fulfill requirements for defective or scrap motor vehicle recall and motor vehicle warranty;

b) Failure to provide or provide inadequate or incorrect motor vehiclemanualsmentioned in Point a Clause 2 Article 20 herein;

c) Failure to provide warranty books or provide warranty conditions lower than those stated herein;

d) Failure to makereportsspecified in Clause 3 Article 20 herein after receiving a written notification from the Ministry of Industry and Trade.

The suspension of the licensefor motor vehicleimport shall be removed if the motor vehicleimporter takes actions againstall violations within 6 months from the day on which the license is suspended.

2. The license for motor vehicle import shall be revoked in any of the following cases:

a) Return of the license made by the motor vehicle importer;

b) Dissolution or bankruptcy;

c) Revocation of enterprise registration certificate or equivalent documents by a competent authority;

d) Wrong information or fake application for issuance of the license;

dd) Leasing out, borrowing or falsification of the license;

e) Failure to fulfill the requirements for motor vehiclewarranty/maintenance centersstated herein in the course of motor vehicleimport;

g) Failure to trade in imported motor vehicles within 12 consecutive months from the issue date of the license;

h) Failure to take actions against all the violations mentioned in Clause 1 this Article within 6 months from the day on which the license is suspended.

3. The license for motor vehicle import shall be suspended or revoked according to the Minister of Industry and Trade’s decision specifying reasons for suspension or revocation.

4. Within 5 working days from the day on which the decision on revocation is given, the applicant shall return the license to the Ministry of Industry and Trade.

5. The Ministry of Industry and Trade shall inform the customsand publish information about suspension or revocation of the license.

6. After the license is revoked, the motor vehicleimporter shall be entitled to have a new license issued provided that he/she follows the procedures specified in Article 16 herein.

Article 20. Responsibilities of motor vehicleimporters

1. Comply with trading requirements and ensure the fulfillment of responsibility for motor vehicle warranty and maintenance, defective and scrap importedmotor vehicle recall stated herein.

2. Provide the following documents for buyers:

a) Motor vehiclemanuals in Vietnameseor translated into Vietnamese from the manualsprovided by the foreign motor vehiclemanufacturer/assembler;

b) Warranty books specifying information about warranty periods and conditions; maintenance cycles and tasks; addresses of motor vehicle warranty/maintenance centers and other necessary information serving warranty/maintenance.

3. Make reports on the motor vehicle import according to the specimen No. 11 of Appendix II attached hereto before January 30 every year to the Ministry of Industry and Trade.

Chapter IV

REQUIREMENTS FOR TRADING IN MOTOR VEHICLE WARRANTY AND MAINTENANCE SERVICES

Article 21. Requirements for motor vehicle warranty and maintenance centers

A trader of motor vehicle warranty/maintenance center established according to regulations of law shall be issued with a certificate of eligiblemotor vehiclewarranty/maintenance center when the following requirements are fully satisfied:

1. The factory is built on the land area under legal ownership of the trader.

2. The premises and factory ensure warranty/maintenance services.

3. There are areas for reception, transfer, maintenance, repair, factory inspection, operation building, warehouse storing automotive parts and accessories andmotor vehicle washto meet the workload.

4. There are adequate facilities for motor vehiclewarranty/maintenance services.Measurement facilities used for motor vehicle warranty/maintenance services comply with regulations of law on measurement.

5. The equipment used to diagnose engines and specifications of motor vehicles (in case of motor vehicles having electronic control units) is suitable for the motor vehicle classes that the center in charge.Diagnosing equipment software complies with regulations on intellectual property rights.

6. Personnel and quality management system ensure the quality of motor vehicle warranty/maintenance services.

The aforesaid requirements shall satisfy requirements for premises, facilities, personnel and quality management system for motor vehiclemaintenance and repair centers for each correspondingmotor vehicle class mentioned in the national standard TCVN 11794 on motor vehicle warranty and maintenance centers and equivalent vehicles.

7. Commitments are made to technical supportand provision of automotive parts and accessories for motor vehicle warranty/maintenance services of:

a) Domestic manufacturers/assemblers (if providing warranty/maintenance services for domestic manufacturers/assemblers); or

b) Foreign manufacturers/assemblers (if providing warranty/maintenance services for motor vehicle importers).

8. There are sufficient personnel and plans to ensure occupational safety and hygiene in accordance with regulations of law on occupational safety and hygiene.

9. The trader fulfills all fire safety requirements and plans under regulations of law on fire safety.

10. The trader has sufficient documents on environmental safety approved by a competent authority according to regulations of law on environmental safety.

Article 22. Issuance of certificates of eligible motor vehicle warranty/maintenance center

1. The Vietnam Register affiliated to the Ministry of Transport (hereinafter referred to as "inspecting authority”)shall have the power to issue certificates of eligible motor vehiclewarranty/maintenance center.

2. An application forissuance of the certificate of eligible motor vehicle warranty/maintenance centerincludes:

a) A completed application form provided in the specimen No. 12 of Appendix II attached hereto;

b) A copy of the enterprise registration certificate or equivalent documents;

c) A record on capacity andfacilities of the centerprovided in the specimen No. 13 of Appendix II attached hereto;

d) A copy of the document proving that the motor vehicle warranty/maintenance center meets all the requirements stated in Clauses 1, 5, 7, 8, 9 and 10 Article 21 herein;

3. Procedures for issuance of the certificate of eligible motor vehicle warranty/maintenance center

a) The trader of motor vehiclewarranty/maintenance center(applicant) shall submit 1 set of application mentioned in Clause 2 this Article, in person, by post or in any other satisfactory manner, to the inspecting authority;

b) If the application is invalid, the inspecting authority shall make a request for additional documents to the applicant within 5 working days from the day on which the application is received;

c) If the application is valid, the inspecting authority shall inform the applicant of specific time and organize an inspection visit within 5 working days from the day on which the application is received.Time limit for the inspection visit is 15 working days from the date of notification.

As soon as the inspection visit is finished, the inspecting authority shall inform the applicant of inspection results and remedial measures for unqualified items (if any);

d) The certificate of eligible motor vehiclewarranty/maintenance center(provided in the specimen No. 15 of Appendix II attached hereto) shall be issued within 5 working days from the day on which the inspection results of the application are given and the inspection visit is satisfactory.If the application is rejected, the inspecting authority shall provide the applicant with a written explanation;

dd) The applicant shall receive the certificate, in person, by post (if required) or in any other satisfactory manner, from the inspecting authority;

e) Within 6 months from the first day of assessment, if the applicant fails to take remedial measures for unqualified items, the inspecting authority shall provide the applicant with a written notification of rejected assessment results andapplication.The applicant wishing to have the certificate issued shall re-follow the procedures specified in Clause 2 and Clause 3 this Article.

Article 23. Issuance of revised certificates of eligible motor vehicle warranty/maintenance center

1. The certificate of eligible motor vehiclewarranty/maintenance shall be issued in case of any revision to the contents in such certificate.

2. An application for issuance of the revised certificate of eligible motor vehicle warranty/maintenance center includes:

a) A completed application form provided in the specimen No. 14 of Appendix II attached hereto;

b) A copy of the certificate;

c) Relevant documents proving the revised contents.

3. Procedures for issuance of the revised certificate of eligible motor vehicle warranty/maintenance center

a) The applicant shall submit 1 set of application mentioned in Clause 2 this Article, in person, by post or in any other satisfactory manner, to the inspecting authority;

b) If the application is invalid, the inspecting authority shall make a request for additional documents to the applicant within 5 working days from the day on which the application is received;

c) If the inspection visit to the applicant’s center is required, the inspecting authority shall notify the applicant of specific time and organize the inspection visit within 5 working days from the day on which the application is received. Time limit for the inspection visit is 10 days from the date of notification;

d) Within 5 working days from the day on which the inspection results of the application are given and the inspection visit (if any) is satisfactory, the inspecting authority shall consider granting the revised certificate to the applicant.If the application is rejected, the inspecting authority shall provide the applicant with a written explanation.

4. Within 2 working days from the day on which the new certificate is issued, the applicant shall return the old one to the inspecting authority.

Article 24. Reissue of certificates of eligible motor vehicle warranty/maintenance center

1. In the cases where the certificate of eligible motor vehiclewarranty/maintenance center is lost or damaged, the applicant shall submit an application including a completed application form provided in the specimen No. 14 of Appendix II attached hereto.

2. Procedures for issuance of the certificate of eligible motor vehicle warranty/maintenance center

a) The applicant shall submit 1 set of application mentioned in Clause 1 this Article, in person, by post or in any other satisfactory manner, to the inspecting authority;

b) If the application is invalid, the inspecting authority shall make a request for additional documents to the applicant within 5 working days from the day on which the application is received;

c) Within 5 working days from the day on which the valid application is received, the inspecting authority shall consider reissuing the certificate to the applicant. If the application is rejected, the inspecting authority shall provide the applicant with a written explanation.

Article 25. Periodic and ad hoc inspections and supervision of motor vehiclewarranty/maintenance centers

1. Periodic and inspections and supervision

Inspecting authorities shall inspect traders having certificates of motor vehicle warranty/maintenance center throughout the countryevery 24 months.

2. Ad hoc inspections

The inspecting authority shall conduct ad hoc inspections of the motor vehiclewarranty/maintenance center if:

a) The inspecting authority receives complaints about motor vehicle warranty or maintenance fromcustomers of the motor vehicle warranty/maintenance center;

b) The inspecting authority receives information about violations against the provisions of this Decree or regulations on motor vehicle warranty or maintenance committed by the motor vehicle warranty or maintenance center;

c) Written requests made by law enforcement forces are given.

3. Assessment contents: The inspecting authority shall assess the operation of the motor vehicle warranty/maintenance center according to the registered and certified contents.Assessment contents shall be based on the figures assessed for the first time and previous years, the record on operation of the center (provided in the specimen No. 16 of Appendix II attached hereto) and the record on the change of the center (if any).

4. Inspection contents shall be made into a record.If any violation is found, the inspecting authority shall report to relevant competent authorities.

Article 26. Suspension and revocation of certificates of eligible motor vehicle warranty/maintenance center

1. The certificate of eligible motor vehiclewarranty/maintenance center shall be suspended if the trader:

a) commits violations against regulations on maintaining inspected or certified results or other provisions of this Decree;

b) commits violations against other regulations of law and shall be handledunder decisions oflaw enforcement forces;

c)fails to comply with the decisions made at the time the ad hoc inspection is carried out by the inspecting authority.

The suspension of the certificate of eligible motor vehicle warranty/maintenance center shall be removed if the trader takes all remedial measures for violations within 6 months from the day on which the certificate is suspended.

2. The certificate of eligible motor vehiclewarranty/maintenance centershall be revokedif the trader:

a) provides wrong information or submits a fake application for the certificate;

b) leases out, borrows or falsifies the contents of the certificate;

c) ceases operation;

d) fails to fulfill the trading requirements specified herein;

dd) fails to provide motor vehiclewarranty or maintenance serviceswithin 12 consecutive months from the issue date of the certificate;

e) fails to take all actions against the violations mentioned in Clause 1 this Article within 6 months from the day on which the certificate is suspended.

3. The certificate of eligible motor vehiclewarranty/maintenance center shall be suspended or revoked under the inspecting authority's decision specifying reasons for suspension or revocation.

4. Within 5 working days from the day on which the decision on revocation is given, the trader shall return the certificate to the inspecting authority.

5. After the certificate is revoked, the trader shall be entitled to have a new certificate issued provided that he/she follows the procedures specified in Article 22 herein.

Article 27. Responsibilities of traders ofmotor vehicle warranty/maintenance centers

1. Provide warranty or maintenance services formotor vehicles of manufacturers, assemblers and importers when customers bring their motor vehicles to warranty/maintenance centers.

2. Provide motor vehiclewarranty or maintenance servicesin accordance with policies on warranty/maintenance established by motor vehicle manufacturers/assemblers.

3. Cooperate with motor vehicle manufacturers, assemblers and importers in the process of defective motor vehicle recall.

4. Provide training and refresher courses for officials and technicians upon requests of motor vehicle manufacturers, assemblers and importers.

5. Ensure that the operation of warranty/maintenance centers satisfies the requirements stated herein.

6. Facilitate periodic and ad hoc inspections and supervision carried out by competent authorities.

7. In the cases where certificatesare revoked, traders of motor vehicle warranty/maintenance centers shall settle all issues and perform all the tasks at the time of revocation for customers and take responsibility for such tasks during warranty periods in line with commitments of their centers.

Article 28. Responsibilities of inspecting authorities

1. Inspect, assess, issue, suspend or revoke certificates of eligible motor vehicle warranty/maintenance center in accordance with provisions of this Decree.

2. Report to the Ministry of Industry and Trade and publish information about issuance, suspension and revocation of certificates of eligible motor vehicle warranty/maintenance center.

3. Retain documents recognizing motor vehicle warranty/maintenance centers within 24 monthsfrom the day on which certificates of eligible motor vehicle warranty/maintenance center expire.

Chapter V

STATE MANAGEMENT OF MOTOR VEHICLE MANUFACTURING, ASSEMBLY, IMPORT, WARRANTY AND MAINTENANCE

Article 29. Responsibilities of ministerial authorities

1. The Ministry of Industry and Trade shall:

a) Take charge and cooperate with the Ministry of Transport and competent authorities in carrying out inspections of the compliance with the requirements specified herein of motor vehiclemanufacturers, assemblers and importers.

b) Suspend or revoke certificates of eligibility for motor vehiclemanufacturing/assemblyand licenses for motor vehicle import; notify relevant authorities of suspension or revocation of such certificates and licenses;

c) Take charge and cooperate with relevant ministries and authorities in requesting competent authorities to findtechnical solutions for reducing vehicle emissions;

d) Take charge and cooperate with relevant ministries and authorities in requesting competent authorities to issue regulations on penalties for trading frauds in motor vehiclemanufacturing, assemblyand import;

dd) Take charge and cooperate with relevant authorities in requesting the Prime Minister to promulgate a method of determining the rate of domestic output of motor vehicles.

2. The Ministry of Transport shall:

a) Take charge and cooperate with the Ministry of Industry and Trade and competent authorities in conducting inspections of issuance, suspension or revocation of certificates of eligible warranty/maintenance centers; notify relevant authorities of thesuspension or revocation of such certificates;

b) Take charge and cooperate with relevant ministries and authoritiesin developing, amending and promulgating regulations on inspections of technical and environmental safety for motor vehicles; and regulations on motor vehicle recall;

c) Take charge and cooperate with relevant ministries and authorities in developing and amending technical regulations related to motor vehicleand automotive part warranty/maintenance centersin line with international standards;

d) Take charge and cooperate with relevant ministries and authorities in developing, amending and completing the national technical regulation system of motor vehicles and automotive parts;

dd) Take chargeof inspections of technical and environmental safety for motor vehicles stated herein.

3. The Ministry of Science and Technology shall:

a) Cooperate with relevant ministries and entities in developing, amending and completing the technical standard system for motor vehicles and automotive parts in line with international standards; take charge of inspections and publishing of national standards of motor vehicles and automotive parts in accordance with international standards;

b) Cooperate with relevant ministries in developing and publishing standards applying to motor vehiclewarranty/maintenance centers;

c) Cooperate with relevant ministries in developing, amending and completing the national technical regulation system of motor vehicles and automotive part in compliance with international standards;

d) Take charge and cooperate with relevant ministries and authorities in conducting inspections of the compliance with regulations of law on technical regulations and standards, goods quality, measurement of motor vehiclemanufacturing, assembly or import and trading in motor vehicle warranty or maintenance services.

4. The Ministry of Finance shall:

a) Take charge and cooperate with relevant ministries and authorities in developing regulations on automotive part tax according to the rate of domestic output in line with international commitments;

b) Cooperate with relevant ministries and authorities in developingregulations on penalties for trading frauds and take preventive measures therefor in imported motor vehicles;

c) Take charge and cooperate with the Ministry of Industry and Trade in developing and updating database on prices of imported motor vehicles and motor vehicles manufactured or assembled in Vietnam on its website.

5. The Ministry of Natural Resources and Environment shall:

Take charge and cooperate with relevant ministries and authoritiesin carry out inspections and supervision of the compliance with regulations of law on environmental safety of motor vehicle manufacturers/assemblers/importers and traders of motor vehiclewarranty/maintenance services.

Article 30. Responsibilities of local authorities

1. Departments of Industry and Trade of provinces/central-affiliated cities shall cooperate in carrying out inspections and supervision of maintaining trading requirements of motor vehiclemanufacturers/assemblers/importers in their provinces/central-affiliated cities.

2. Departments of Transport of provinces/central-affiliated cities shall cooperate in carrying out inspections and supervision of maintaining trading requirements of motor vehiclewarranty/maintenance centersin their provinces/central-affiliated cities.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 31. Transitional clauses

1. Requirements for motor vehicle manufacturing and assembly

Motor vehiclemanufacturers or assemblers that have been operating shall be entitled to continue their operation without complying with this Decree for 18 months from the date of its entry into force.After the aforesaid time limit, they shall fulfill all the requirements specified herein.

2. Requirements for motor vehicleimport

a) Motor vehicles shall be imported in accordance with applicable regulations until December 31, 2017 inclusive;

b) As from January 01, 2018, only importers having licenses for motor vehicleimport stated hereinshall be entitled to import motor vehicles;

c)Excludingthe provision of Point a Clause 2 this Article,importers that have fulfilled all the requirements specified herein and have been granted licenses for motor vehicleimport by the Ministry of Industry and Trade before December 31, 2017shall be eligible to import motor vehicles from the effective dates of such licenses.

Article 32. Effect

This Decree comes into force from the signing date.

Article 33. Implementation

1. The Ministry of Industry and Trade and the Ministry of Transport shall organize and provide guidance on implementation of this Decree.

2. Ministers, heads of ministerial and governmental authorities, Chairpersons of People’s Committees of provinces/central-affiliated cities shall implement this Decree.

APPENDIX I

MINIMUM REQUIREMENTS FOR FACILITIES OF MOTOR VEHICLEMANUFACTURERS AND ASSEMBLERS
(Attached to the Government’s Decree No. 116/2017/ND-CP dated October 17, 2017)

I. GENERAL REQUIREMENTS FOR FACTORIES

1. The factory shall be built on the land area under legal ownership of themotor vehicle manufacturer/assembler.

2. The factory shall have adequate space to arrange production or assembly line and inspect the compliance with technological process of motor vehicle manufacturing/assembly for investment projects.

3. The factory’s floor shall apply anti-slip paint or other measures to prevent slippage and have a barrier to distinguish between safe passage and the installation area and layout of the production line.

4. Diagrams of the overall technological process and each stage of production and assembly process must be arranged at the convenient place for implementation, monitoring and control of the process.

5. The factory must be equipped with other auxiliary systems and facilities for production and assembly, such as: industrial and domestic electricity systems; industrial and domestic water supply systems; ventilation system; compressed gas supply and distribution system; spare generator, parking lot,areas used to recall and dispose of scrap motor vehicles.

II. ASSEMBLY LINES

1. The assembler shall equip and install the assembly line including assembling frames, bodies, subassemblies and motor vehicles according to the technological process stated in the investment project.

2. The frame and body assembly line must be equipped with at least the following main equipment:

a) Lifting systems, specializedpush-pull vehicles for each line and guided-rail systems for push-pull vehicles;

b) Welding attachments for left side, right side, dome, floor, rear end and assembling frames and shells for cars; parts for the welding of vertical and horizontal beams of frames for buses;

c) Specialized attachments for assembling panels and clusters of motor vehicleshells into frames;

d) Attachments for assembling containers into bodiesof trucks;

dd) Auxiliary equipment.

3. Assembly line of subassemblies and motor vehicles includingassemblingclusters of subassemblies, chassis systems, rear axles, front axles and engines into frames, main control clusters, interior equipment and door systems into bodies.

4. Quantity, types and specifications of the equipment, tools and attachments for the assembly line shall be suitable for types of products and the output scale in the investment project.

III. WELDING LINES

The motor vehiclemanufacturer/assembler shall install the welding line with each motor vehicle class with at least the following main equipment:

1. Welding machines, welding equipment and attachments.

2. System of lifting, lowering, transportingspecialized attachments with the welding line.

3. Welding parts of motor vehicle bodies.

IV. PAINTING LINES

1. The motor vehiclemanufacturer/assembler shall have the automatic or semi-automatic painting line with the following main phases:

a) Surface cleaning and treatment;

b) Washing and removing minerals and regulating volume;

c) Electrolytic painting, spray painting, pressure painting and drying;

d) Waterproofing;

dd) Decorative painting, varnishing and wax coating to protect the paint.

2. Technical requirements for painting technology:

a) For cars: Car bodies must be painted with inner electrolyte; outer shells of carsmust besprayed with paints;

b) For buses: Bus bodies must be painted in full or partly with electrolyte before being painted with colors;

c) For trucks: Truck cabins must bepainted with electrolyte inside and sprayed on the outer layer; and truck framesmust be sprayed with paints;

3. The manufacturer/assembler shall fully install equipment to check the quality criteria for paint layers, such as: thickness, gloss and surface adhesion.

V. PRODUCT QUALITY CONTROL LINES

1. The product quality controlline must be equipped with specialized inspection equipment for each stage of assembly and equipment for inspection of finished motor vehicle norms according to current regulations, including safety norms and emission concentration.

2. Equipment used for measurement and quality control in the process of motor vehicle manufacturing/assembly must satisfy regulations of law on measurement.

3. The motor vehicle manufacturer/assembler shall install the computer system to storeinspection results offinished assembled motor vehicle norms.

VI. MOTOR VEHICLE TESTING ROADS

1. General requirements

All manufactured/assembled motor vehicles must be tested on motor vehicle testing roads that meet the minimum technical requirements statedherein.Driving test results must be stored on the quality management system of the motor vehiclemanufacturer/assembler.

The testing road shall be at least 800 m longto ensure technical requirements to test the quality of manufactured/assembled motor vehicles before they become finished on the following roads: Flat road (atype of road whose surfaceis perpendicular to the median plane of the motor vehicle and straight in the direction of the motor vehicle when it runs), gravel road (aroad surfaced with gravel), rough road (aroadhaving rumble strips), wavy road (a road whose surface has curves like waves), road having upper and lower slopes (a road whose slope is at least 20% of both up and down slopes), wet road (a road designed with the friction coefficient less than that of the flat road), curved road (a type of road shaped like part of an arc).

2. Specific regulations on minimum technical requirements for motor vehicletesting roads

a) Flat road:

- The road is straight with the minimum length of400 m;

- The minimum width is 3.75 m;

- The road surface hasa low cohesioncoefficient of 0.6.

b) Gravel road:

- The minimum length is 40 m;

- The minimum width is 3.5 m;

- Figure 2.1.

Figure 2.1

c) Rough road:

- The minimum length is 25 m;

- The minimum width is 3.5 m;

- Figure 2.2.

Figure 2.2

d) Wavy road:

- The minimum length is 25 m;

- The minimum width is 3.5 m;

- Figure 2.3.

Figure 2.3

dd) Road having upper and lower slopes:

- The minimum length is 30 m;

- The minimum width is 3.5 m;

- The minimum gradient is 20%;

Figure 2.4.

Figure 2.4

e) Wet road (applied topassenger-carryingmotor vehicle of under 9 seats);

- The minimum length is 25 m;

- The minimum width is 3.5 m;

- Figure 2.5.

Figure 2.5

g) Curve road:

- The length depends on each class of motor vehicle;

- The width depends on each class of motor vehicle;

- Figure 2.6.

Figure 2.6

APPENDIX II

SPECIMENS
(Attached to the Government's Decree No. 116/2017/ND-CP dated October 17, 2017)

Specimen No. 1

APPLICATION FORM FOR THE CERTIFICATE OF ELIGIBILITY FOR MOTOR VEHICLE MANUFACTURING/ASSEMBLY

To: The Ministry of Industry and Trade.

Name of manufacturer/assembler: ……………………………………………………………

Headquarters’ address:

Telephone: ……………………….Fax: …………………..Email: ……………...

Represented by: ……………….. Title: …………… Telephone:

Enterprise registration certificate/Business registration certificate No. …………… Issuing authority: …………… Date of issue: ……………

Pursuant to the Government’s Decree No. … /2017/ND-CP dated ………………….. on requirements for manufacturing, assembly and import of motor vehicles and provision of motor vehicle repair and maintenance services;

1. Hereby requests the Ministry of Industry and Trade to consider issuing the certificate of eligibility for manufacturing/assembly of motor vehicles in the following categories:

a)

b)

2. Enclosed documents:

……………… (Name of the manufacturer/assembler) hereby commits ourselves to comply with provisions of the Government’s Decree No. … /2017/ND-CP dated ………………….. on requirements for manufacturing, assembly and import of motor vehicles and provision of motor vehicle repair and maintenance services and other relevant legal documents and take responsibility for any violation against regulations of law (if any).

Specimen No. 2

APPLICATION FORM FOR REVISION OF THE CERTIFICATE OF ELIGIBILITY FOR MOTOR VEHICLE MANUFACTURING/ASSEMBLY

To: The Ministry of Industry and Trade.

Name of manufacturer/assembler:

Headquarters’ address:

Telephone: ……………………….Fax: …………………..Email: …………………

Represented by: ……………….. Title: …………… Telephone:

Enterprise registration certificate/Business registration certificate No. …………… Issuing authority:…………… Date of issue: ……………

Certificate of eligibility for motor vehicle manufacturing/assembly No. ……………. Date of issue: ………………….

1. Hereby requests the Ministry of Industry and Trade to consider issuing the revised certificate of eligibility for manufacturing/assembly of motor vehicles in the following categories:

a) Old information:

b) New information:

2. Reasons:

3. Enclosed documents:

……………… (Name of the manufacturer/assembler) hereby commits ourselves to comply with provisions of the Government’s Decree No. … /2017/ND-CP dated ………………….. on requirements for manufacturing, assembly and import of motor vehicles and provision of motor vehicle repair and maintenance services and other relevant legal documents and take responsibility for any violation against regulations of law (if any).

Specimen No. 3

APPLICATION FORM FOR REISSUE OF THE CERTIFICATE OF ELIGIBILITY FOR MOTOR VEHICLE MANUFACTURING/ASSEMBLY

To: The Ministry of Industry and Trade.

Name of manufacturer/assembler:

Headquarters’ address:

Telephone: ……………………….Fax: …………………..Email:

Represented by: ……………….. Title: …………… Telephone:

Enterprise registration certificate/Business registration certificate No. …………… Issuing authority:…………… Date of issue: ……………

Certificate of eligibility for motor vehicle manufacturing/assembly No. ……………. Date of issue: ………………….

1. Hereby requests the Ministry of Industry and Trade to reissue the certificate of eligibility for motor vehicle manufacturing/assembly.

2. Reasons:

3. Enclosed documents:

……………… (Name of the manufacturer/assembler) hereby commits ourselves to comply with provisions of the Government’s Decree No. … /2017/ND-CP dated ………………….. on requirements for manufacturing, assembly and import of motor vehicles and provision of motor vehicle repair and maintenance services and other relevant legal documents and take responsibility for any violation against regulations of law (if any).

Specimen No. 4

CERTIFICATE OF ELIGIBILITY FOR MOTOR VEHICLE MANUFACTURING/ASSEMBLY

Pursuant to the Government’s Decree No. … /2017/ND-CP dated ………………….. on functions, tasks, power and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government’s Decree No. … /2017/ND-CP dated ………………….. on requirements for manufacturing, assembly and import of motor vehicles and provision of motor vehicle repair and maintenance services;

Considering the application for the certificate of eligibility for motor vehicle manufacturing/assembly No. … dated ………….. submitted by …………….. (name of the manufacturer/assembler),

The Ministry of Industry and Trade hereby issues the certificate of eligibility for motor vehicle manufacturing/assembly to the following manufacturer/assembler:

I. INFORMATION ABOUT THE MANUFACTURER/ASSEMBLER

- Name of manufacturer/assembler:

- Address: …………………… Telephone: ……………………….Fax: …………………..Email:

- Investment certificate/Enterprise registration certificate/Business registration certificate No. …………… Issuing authority:…………… Date of issue: ……………

- Address of the motor vehicle service center: ..........................… Telephone: …………………

- Location of the project on motor vehicle manufacturing/assembly: ………………………………………….

II. CONTENTS OF ISSUANCE OF THE CERTIFICATE

…………… (Name of the manufacturer/assembler) shall be entitled to manufacture/assemble motor vehicles in the following categories:

1.

2.

…………………. ……………… (Name of the manufacturer/assembler) hereby commits ourselves to comply with provisions of the Government’s Decree No. … /2017/ND-CP dated ………………….. on requirements for manufacturing, assembly and import of motor vehicles and provision of motor vehicle repair and maintenance services.

III. THIS CERTIFICATE COMES INTO FORCE FROM THE SIGNING DATE.

Specimen No. 5

APPLICATION FORM FOR THE LICENSE FOR MOTOR VEHICLE IMPORT

To: The Ministry of Industry and Trade.

Name of importer:

Headquarters’ address:

Telephone: ……………………….Fax: …………………..Email:

Represented by: …………………………….. Title: …………… Telephone:

Enterprise registration certificate (or equivalent document) No. …………… Issuing authority:…………… Date of issue: ……………

Pursuant to the Government’s Decree No. … /2017/ND-CP dated ………………….. on requirements for manufacturing, assembly and import of motor vehicles and provision of motor vehicle repair and maintenance services;

1. Hereby requests the Ministry of Industry and Trade to consider issuing the license for import of motor vehicles in the following categories:

2. Enclosed documents: …………………………………………………………………………. (Name of the importer) hereby commits ourselves to comply with provisions of the Government’s Decree No. … /2017/ND-CP dated ………………….. on requirements for manufacturing, assembly and import of motor vehicles and provision of motor vehicle repair and maintenance services and other relevant legal documents and take responsibility for any violation against regulations of law (if any).

Specimen No. 6

APPLICATION FORM FOR REVISION OF THE LICENSE FOR MOTOR VEHICLE IMPORT

To: The Ministry of Industry and Trade.

Name of importer:

Headquarters’ address:

Telephone: ……………………….Fax: …………………..Email:

Represented by: …………………………….. Title: ……………….. Telephone:

Enterprise registration certificate (or equivalent document) No. …………… Issuing authority:…………… Date of issue: ……………

License for motor vehicle import No. ………………. dated ………………………..

1. Hereby requests the Ministry of Industry and Trade to consider issuing the revised license for motor vehicle import with the following information:

a) Old information:

b) New information:

2. Reasons:

3. Enclosed documents:

……….. (Name of the importer) hereby commits ourselves to comply with provisions of the Government’s Decree No. … /2017/ND-CP dated ………………….. on requirements for manufacturing, assembly and import of motor vehicles and provision of motor vehicle repair and maintenance services and other relevant legal documents and take responsibility for any violation against regulations of law (if any).

Specimen No. 7

APPLICATION FORM FOR REISSUE OF THE LICENSE FOR MOTOR VEHICLE IMPORT

To: The Ministry of Industry and Trade.

Name of importer:

Headquarters’ address:

Telephone: ……………………….Fax: …………………..Email:

Represented by: …………………………….. Title: ……………….. Telephone:

Enterprise registration certificate (or equivalent document) No. …………… Issuing authority:…………… Date of issue: ……………

License for motor vehicle import No. ………………. dated ………………………..

1. Hereby requests the Ministry of Industry and Trade to consider reissuing the license for motor vehicle import.

2. Reasons:

3. Enclosed documents:

………………... (Name of the importer) hereby commits ourselves to comply with provisions of the Government’s Decree No. … /2017/ND-CP dated ………………….. on requirements for manufacturing, assembly and import of motor vehicles and provision of motor vehicle repair and maintenance services and other relevant legal documents and take responsibility for any violation against regulations of law (if any).

Specimen No. 8

LICENSE FOR MOTOR VEHICLE IMPORT

Pursuant to the Government’s Decree No. … /2017/ND-CP dated ………………….. on functions, tasks, power and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government’s Decree No. … /2017/ND-CP dated ………………….. on requirements for manufacturing, assembly and import of motor vehicles and provision of motor vehicle repair and maintenance services;

Considering the application for the license for motor vehicle import No. … dated …......... submitted by .............. (name of the importer),

The Ministry of Industry and Trade hereby issues the license for motor vehicle import to the following importer:

I. INFORMATION ABOUT THE IMPORTER

- Name of importer:

- Address: ………………………….. Telephone: ..................... Fax: ………….. Email:

- Enterprise registration certificate (or equivalent document) No. …………… Issuing authority:…………… Date of issue: ……………

- Address of the motor vehicle service center: ..........................… Telephone: …………………

II. CONTENTS OF THE LICENSING

……. (Name of the importer) shall be entitled to import motor vehicles in the following categories:

………………………. (Name of the importer) hereby commits ourselves to comply with provisions of the Government’s Decree No. … /2017/ND-CP dated ………………….. on requirements for manufacturing, assembly and import of motor vehicles and provision of motor vehicle repair and maintenance services.

III. THIS LICENSE COMES INTO FORCE FROM THE SIGNING DATE.

Specimen No. 9

RECORD ON INSPECTION OF MANUFACTURER/ASSEMBLER

Pursuant to the Decision No. ………/QD-……… dated …………….... by ………………(name of inspecting authority) on setting up an inspectorate to inspect motor vehicle manufacturing/assembly, today, at ………. on ……………….., the inspectorate has carried out inspection of the manufacturer/assembler: …………………… with the following results:

I. GENERAL INFORMATION

1. Name of inspected manufacturer/assembler: …………………………………………………………………

Address: ……………………………………………………………………………………………

Telephone: …………………………………………………. Fax: ………………………………

2. Enterprise registration certificate/Business registration certificate No. …………… Issuing authority:…………… Date of issue: ……………

3. Certificate of eligibility for motor vehicle manufacturing/assembly No. ……………. Issuing authority: ................... Date of issue: …………… (if any).

4. The inspectorate is established according to the Decision No. ……………………………………….

5. Names of the inspectorate’s members: ……………………………………….

6. Representative of the manufacturer/assembler: ……………………………Title: ………………………

II. INSPECTION CONTENTS AND RESULTS

Carrying out inspections of the compliance with provisions of the Government’s Decree No. … /2017/ND-CP dated ………………….. on requirements for manufacturing, assembly and import of motor vehicles and provision of motor vehicle repair and maintenance services.

III. CONCLUSION

1. Assessment

a) Passed items:

b) Failed items:

2. Recommendations

a) Recommendations offered to the manufacturer/assembler by the inspectorate

b) Recommendations offered to the inspectorate by the manufacturer/assembler

3. Conclusion

The inspection is finished at ..................... on...........................

This record is made into 2 copies with the same contents, 1 of which is given to the inspectorate and the other to the inspected manufacturer/assembler. The two parties mentioned above have understood and recognized the contents stated herein and agreed to put their signatures below.

Specimen No. 10

REPORT ON MOTOR VEHICLE MANUFACTURING/ASSEMBLY

In (year)………

To: The Ministry of Industry and Trade.

Name of manufacturer/assembler:…………………….

Headquarters' address: …………………………….. Telephone: ..................... Fax:

Certificate of eligibility for motor vehicle manufacturing/assembly No. ……………. Date of issue: ………………….

Pursuant to the Government’s Decree No. … /2017/ND-CP dated ………………….. on requirements for manufacturing, assembly and import of motor vehicles and provision of motor vehicle repair and maintenance services;

………… (Name of the manufacturer/assembler) hereby reports motor vehicle manufacturing/assembly in (year)............ as follows:

………(Name of the manufacturer/assembler) herebydeclares that the above-mentioned declaration is true.

Specimen No. 11

REPORT ON MOTOR VEHICLE IMPORT

In (year)………

To: The Ministry of Industry and Trade.

Name of importer:

Headquarters’ address:

Telephone: ………… Fax: …………………..Email:

License for motor vehicle import No. ………………. dated ………………………..

Pursuant to the Government’s Decree No. … /2017/ND-CP dated ………………….. on requirements for manufacturing, assembly and import of motor vehicles and provision of motor vehicle repair and maintenance services;

………… (Name of the importer) hereby reports motor vehicle import in (year)............ as follows:

………….. (Name of the importer) hereby declares that the above-mentioned declaration is true.

Specimen No. 12

APPLICATION FORM FOR THE CERTIFICATE OF ELIGIBLE MOTOR VEHICLE SERVICE CENTER

To: The Vietnam Register.

Name of motor vehicle service center:

Headquarters’ address:

Address of the motor vehicle service center:

Telephone: ..................... Fax:…………………….. Email:

Investment certificate/Enterprise registration certificate/Business registration certificate No. …………… Issuing authority:…………… Date of issue: ……………

Name of manufacturer/importer (*):

Address:

1. Hereby requests the Vietnam Register to assess and consider issuing the certificate of eligible motor vehicle service center specialized in the following motor vehicle categories in accordance with provisions of the Government’s Decree No. … /2017/ND-CP dated ………………….. on requirements for manufacturing, assembly and import of motor vehicles and provision of motor vehicle repair and maintenance services:

a) ……………… (car, bus, truck, single-purpose vehicle, etc.)

b) ...

2. Enclosed documents:

…………… (Name of the motor vehicle service center) hereby commits ourselves to fulfill the requirements for trading in motor vehicle repair/maintenance services stated in the Government’s Decree No. … /2017/ND-CP dated ………………….. and other relevant legal documents.

Notes:

(*) Not required if the motor vehicle service center applies for the certificate but does not perform warranty or repair for a manufacturer/importer.

Specimen No. 13

RECORD ON CAPACITY AND FACILITIES OF THE MOTOR VEHICLE SERVICE CENTER

I. CATEGORIES

II. DESIGN CAPACITY AND OPERATING CAPACITY:

2. Operating capacity: …………………….. units/year.

III. GARAGE AREA AND NUMBER OF SLOTS IN THE GARAGE

a) Common repair and maintenance area (chassis, engine, power, air conditioner, repair areas of subassemblies and systems)

- Number of lifts and repair pits (if any)

b) Welding and painting areas

- Number of lifts (if any)

c) Finished product inspection areas

- Number of lifts, jacks and inspection pits (if any)

+ Lift: ………….

+ Inspection pits

• Quantity

d) Motor vehicle wash area

Notes:

IV. FACILITIES (see the list of facilities used for motor vehicle repair/maintenance services attached for more details)

V. PERSONNEL (see the list of personnel working for the motor vehicle service center attached for more details)

Specimen No. 14

APPLICATION FORM FOR REVISION/REISSUE OF THE CERTIFICATE OF ELIGIBLE MOTOR VEHICLE SERVICE CENTER

To: The Vietnam Register.

Name of motor vehicle service center:

Headquarters’ address:

Address of the motor vehicle service center:

Telephone: …………………………………………………. Fax:………………………… Email:

Investment certificate/Enterprise registration certificate/Business registration certificate No. …………… Issuing authority:…………… Date of issue: ……………

(*) Name of manufacturer/importer:

(*) Address:

Certificate of eligible motor vehicle service center No. … dated …………………..

1. Hereby requests the Vietnam Register to consider revision/reissue of the certificate of eligible motor vehicle service center specialized in the following motor vehicle categories in accordance with provisions of the Government’s Decree No. … /2017/ND-CP dated ………………….. on requirements for manufacturing, assembly and import of motor vehicles and provision of motor vehicle repair and maintenance services:

a) …………….. (car, bus, truck, single-purpose vehicle, etc.)

b) ...

2. Reasons:

3. Enclosed documents:

……….. (Name of the motor vehicle service center) hereby commits ourselves to fulfill the requirements for trading in motor vehicle repair/maintenance services stated in the Government’s Decree No. … /2017/ND-CP dated ………………….. and other relevant legal documents.

Notes:

(*) Not required if the motor vehicle service center applies for the certificate but does not perform warranty or repair for a manufacturer/importer.

Specimen No. 15

CERTIFICATE OF ELIGIBLE MOTOR VEHICLE SERVICE CENTER

Specimen No. 16

REPORT ON OPERATION OF THE MOTOR VEHICLE SERVICE CENTER

In (year) ……